O R D E R

R.Vijayakumar, Member.

           This is a complaint filed Under Section 12 of Consumer Protection Act. The complaint is filed for getting Rs.284250  including material amount cost of undelivered magazines, interest, notice charges and for getting compensation along with cost.

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           The averments in the complaint can be briefly summarized as follows.

          Attracted by the advertisements in the medias and on the basis of the terms and conditions made by the opposite parties, the complainant joined as a beneficiary in the Jyothis project on 12.05.07. He had entrusted an amount of Rs.100000/- to the first opposite party. PAS were issued by the first opposite party and subsequently certificates beneficiary as No.31500/- for Rs.20000/- No.31501 for Rs.40000/- and No.31502 for Rs.20000/- were also issued by second opposite party.

        The third opposite party made assurance that Jyothis Project envisages that the entrusted amount will fetch a minimum of twice as lottery prices within 50 weeks from the date of joining and if any shortage there at shall be compensated by third opposite party. The third opposite party further assured that at any circumstances the complainant will receive twice of the entrusted amount within a maximum period of 100 weeks from the date of joining. The third opposite party also guaranteed to give magazines of compensatory importance for the worth of the value of the half of entrusted amount within 50 weeks from the date of joining. Thus, the complainant is entitited to get amount Rs.200000/- as on 12.05.09. The complainant approached the opposite parties several times demanding the assured amount. But the opposite parties intentionally skulked with lame excuses. During the period of 50 weeks from the date of joining the third opposite party has never given any such magazine as assured or any price won by the lottery tickets purchased on behalf of the complainant.

          The complainant sent a legal notice demanding assured amount, interest etc. Even after receipt of the notice, no attempt was made by the opposite parties to settle the matter. Hence the complaint is filed for getting relief.

     The opposite parties entered appearance. The case was posted for version. The opposite parties and counsel remained absent continuously. No Version filed. Hence the opposite parties set exparte. The complainant filed affidavit. He was examined as PW1. Exts.P1 to P6 marked. As per order in IA filed by the opposite parties the exparte order set aside.

    The third opposite party filed version on behalf of all opposite parties contenting the allegations raised by the complainant. It is stated in the version that the Jyothi Project envisaged that the amount entrusted by beneficiary will fetch a  minimum of twice of the entrusted amount as lottery

price and if any shortage there of shall be made good by the opposite party firm, first as reimbursement of amount of unissued tickets and magazines

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and balance if any as compensation. The opposite parties contented that the reimbursement of amount will be from the lottery purchase commission, price commission etc obtained by the opposite party firm in the business and strictly on the basis of seniority of the customers joining the project. In this context, out of 100000/- entrusted by the complainants, opposite party firm had supplied Rs.19600/- with government lottery tickets and magazines to the complainants from time to time.

     Jyothis Project started on 12.03.07 and as per order of the City Police Commissioner, Cochin it was stopped on 03.07.07 and permitted to continue only on 19.10.09. Accordingly opposite parties resumed the Project.. If the complainants are willing the lottery tickets and magazines can be issued to them, continuing the Project. The opposite party firm is not under the legal obligation to pay interest to the complainants. The Forum lacks territorial jurisdiction entertain the complainant.

    Even though sufficient opportunities has been given, the opposite parties remained absent continuously. The complainant was not cross-examined. No evidence adduced from the side of opposite parties side. Hence we are constrained to relay upon the evidence adduced by the complainant.

     We have perused all the documents in detail. We find that there is deficiency in service from the part of opposite parties Ext.P3, the terms and conditions of Jyothis Project reveals that the complainant is entitled to get twice of the entrusted amount ; Rs.200000/- as on maturity date 12.05.09 and Rs.500/- as the price of undelivered magazines. The complainant is also entitled to get interest as the matured amount was not paid on the date of maturity.

    In the result, the complaint is allowed directing the opposite parties to pay Rs.200500/-to the complainant along with interest at the rate of 9% per annum from 12/05/09 till the date of payment of the amount. The opposite parties are further directed to pay compensation Rs.10000/- and cost Rs.1000/-.

    The order is to be complied with within one month of the date of receipt of the order.

                                                Dated this the 18th day of December 2010.

                                                          Adv.Ravi Susha     :Sd/-

                                                          R.Vijayakumar     :Sd/-

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INDEX

 List of witnesses for the complainant

PW1- Gopalakrishna Pillai

List of documents for complainant

P1      - Original Provisional Acceptance Statements (3 in nos.)

P2     - Beneficiary certificates (3 in nos.)

P3     - Terms and conditions of Jyothis Project

P4     - Legal notice

P5     - Postal receipts ( 3 in nos.)

P6     - Acknowledgment cards

                                                                             // Forwarded by Order //

                                                                                 Senior Superintendent